Terms of Service

1. Acceptance of Terms

Welcome to OpenKey! By accessing or using our AI-powered tools and services for Airbnb hosts, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and OpenKey ("we," "us," "our," or "Company").

2. Eligibility

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our services under applicable law
• Provide accurate and complete information when creating an account

3. Description of Services

OpenKey provides AI-powered tools designed to help Airbnb hosts optimize their listings, including:

• Listing Optimizer: AI-generated suggestions for improving listing descriptions
• Photo Enhancer: AI-powered image enhancement and optimization
• Attraction Finder: Discovery of local attractions and amenities for listing descriptions
• Amenity Analyzer: Analysis and recommendations for property amenities
• Pricing Insights: Market analysis and pricing recommendations

Important: Our services are provided for informational purposes only. You are solely responsible for the accuracy and appropriateness of any content generated or modified using our tools for your listing.

4. Account Registration

To access certain features of our services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account
• Not transfer or share your account with others

We reserve the right to suspend or terminate accounts that violate these Terms or provide false information.

5. User Responsibilities and Obligations

5.1 Proper Use of Services

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services to create misleading, fraudulent, or illegal listings
• Violate any laws, regulations, or third-party rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Use automated tools to scrape or extract data from our services
• Interfere with the proper functioning of our services
• Create multiple accounts to circumvent restrictions

5.2 Content Responsibility

You are solely responsible for:

• Reviewing and verifying all AI-generated content before using it
• Ensuring all listing content complies with Airbnb's policies and applicable laws
• Maintaining appropriate ownership rights for any content you upload
• Obtaining necessary permissions for images and other content

5.3 Airbnb Compliance

You acknowledge that Airbnb has its own Terms of Service and policies. OpenKey does not guarantee that content generated using our tools will comply with Airbnb's policies. It is your responsibility to review and ensure compliance with all applicable platform terms.

6. Intellectual Property Rights

6.1 OpenKey Ownership

OpenKey retains all rights, title, and interest in and to our services, including:

• The OpenKey platform, software, and technology
• AI models, algorithms, and proprietary methods
• Brand names, logos, and trademarks
• Documentation and user guides

6.2 User Content Ownership

You retain ownership of the content you upload to our platform, including images and listing descriptions. By uploading content, you grant OpenKey a limited, non-exclusive license to process and store your content solely for the purpose of providing our services to you.

6.3 Generated Content

You own the AI-generated content created using our tools for your listings. However, OpenKey retains rights to the underlying AI models and technology.

6.4 Feedback

Any feedback, suggestions, or ideas you provide regarding our services become our property and may be used to improve our products without compensation or obligation to you.

7. Pricing and Payments

7.1 Current Pricing

OpenKey's AI tools are currently provided completely free of charge. There are no subscription fees, usage limits, or hidden costs for the core AI features.

7.2 Future Changes

We reserve the right to introduce paid features or subscription plans in the future. If we do, we will provide at least 30 days' notice and allow you to cancel or export your data before any charges apply.

7.3 Professional Management Services

OpenKey may offer professional management services through partners (such as StriveStays) which have separate terms, conditions, and pricing. These services are optional and not required to use our free AI tools.

8. Disclaimers and Warranties

8.1 "As Is" Service

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy, reliability, or completeness of AI-generated content
• Warranties that our services will meet your specific needs or expectations

8.2 AI Content Disclaimer

AI-generated content may contain errors, inaccuracies, or may not be suitable for all situations. You are responsible for reviewing, editing, and verifying all AI-generated content before using it in your listings. OpenKey does not guarantee the quality, accuracy, or appropriateness of generated content.

8.3 Business Results Disclaimer

OpenKey does not guarantee specific business results, revenue increases, or booking rates. Any statistics or claims about potential performance are estimates based on aggregate data and do not guarantee individual results.

8.4 Third-Party Services

Our services may integrate with or rely on third-party services (e.g., Airbnb, Google, AI providers). We are not responsible for the availability, accuracy, or reliability of these third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENKEY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, or business opportunities
• Loss or corruption of data or content
• Business interruption or downtime
• Unauthorized access to or use of your information
• Any errors or inaccuracies in AI-generated content
• Violations of Airbnb or third-party policies

Our total aggregate liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid us (if any) in the 12 months preceding the claim, or $100 USD if no payments were made.

10. Indemnification

You agree to indemnify, defend, and hold harmless OpenKey, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Your content or use of AI-generated content in your listings
• Any misrepresentation or fraud committed using our services

11. Termination

11.1 Termination by User

You may terminate your account at any time by contacting us at support@openkey.ai or through your account settings.

11.2 Termination by OpenKey

We may suspend or terminate your account and access to our services immediately, without prior notice or liability, for any reason, including without limitation if you:

• Violate these Terms
• Create fraudulent or misleading content
• Engage in illegal activities
• Harass other users or our team
• Misuse our services or exceed reasonable usage limits

11.3 Effects of Termination

Upon termination:

• Your right to use our services immediately ceases
• You may request export of your data within 30 days of termination
• Provisions that should survive termination will remain in effect

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@openkey.ai to attempt to resolve the issue informally. We will make reasonable efforts to resolve disputes amicably.

12.2 Binding Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in San Francisco, California.

12.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States, without regard to conflict of law provisions.

13. Changes to These Terms

We reserve the right to modify or update these Terms at any time. We will notify you of material changes via email or through our services at least 30 days before the changes take effect. Your continued use of our services after the effective date constitutes acceptance of the revised Terms.

We encourage you to review these Terms periodically for any changes. The "Effective Date" at the top of this page indicates when the Terms were last updated.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenKey regarding our services and supersede all prior agreements or understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

14.5 Notices

Any notices or communications regarding these Terms should be sent to:

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

We typically respond to inquiries within 2-3 business days. For urgent legal matters, please contact our legal department directly.